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The Geographical Indications of Goods (Registration and Protection) Rules, 2002
Act ID: 2002
The Geographical Indications of Goods (Registration and Protection) Rules, 2002
"Rules for the registration of geographical indications."
Table of Contents
111 Sections
Ch. I
– CHAPTER I
S.1
Short title and commencement .-(1) These rules may be called The Geographical Indications of Goods (Registration and Protection) Rules, 2002
S.6
Rule 6
S.7
Rule 7
S.8
Documents, etc., filed or left not at the appropriate office .-Subject to the provisions of rule 7, in an exceptional case where any application, statement or other document or any fee authorised or required by the Act or the rules is made, served, left or sent or paid, at or to an office inadvertently which is not the appropriate office of the Geographical Indications Registry as and when such an office is notified under this Act by the Central Government under sub-rule (2) of rule 4, the Registrar may on a written request return such application, statement or document to the appropriate office if he is satisfied that it was bona fide error on the part of the applicant in such cases:
S.10
Fees .-(1) The fees to be paid in respect of applications, oppositions, registration, renewal or any other matters under the Act or the rules shall be those specified in the First Schedule, hereinafter referred to as the prescribed fees
S.11
Forms .-(1) The forms set forth in the Second and the Third Schedules shall be used in all cases to which they are applicable and may be modified as directed by the Registrar to meet other cases
S.12
Size, etc., of documents .-(1) Subject to any other directions that may be given by the Registrar, all applications, notices, statements, or other documents except the geographical indication required by the Act or the rules to be made, served, left or sent, at or to the Geographical Indications Registry shall be typewritten, lithographed or printed in Hindi or in English in large and legible characters with deep permanent ink upon strong paper, and except in the case of affidavits, on one side only and of size of approximately 33 cms by 20 cms and shall have on the left hand part thereof a margin of not less than 4 centimetres
S.13
Signing of documents .-(1) An application for the registration of a geographical indication purporting to be filed by an association of persons or producers shall be signed by the authorised signatory thereof to sign such documents and a document purporting to be signed by a body corporate or any organisation or any authority established by or under any law for the time being in force shall be signed by the Chief Executive or the Managing Director or the Secretary or other principal officer of such organisation. A document purporting to be signed by a partnership shall be signed by at least one of the partners. The capacity in which an individual signs a document on behalf of an association of persons or a body corporate shall be stated below his signature
S.14
Service of documents .-(1) All applications, notices, statements, papers having representations affixed thereto, or other documents authorised or required by the Act or the rules to be made, served, left or sent, at or to the Geographical Indications Registry or with or to the Registrar or any other person may be sent through the post by a prepaid letter
S.15
Particulars of address, etc., of applicants and other persons .-(1) Names and addresses of the association of persons, producers, authorised users and other persons shall be given in full, together with their nationality, calling and such other particulars as are necessary for identification
S.16
Statement of principal place of business in India in an application .-(1) Every application for registration of a geographical indication or as an authorised user shall state the principal place of business in India, if any, of the applicant or the authorised user or in the case of association of persons or producers of goods such of them, as have a principal place of business in India
S.17
Address for service .-(1) An address for service in India shall be given
S.18
Rule 18
S.19
Rule 19
S.20
Agency .-(1) The authorisation of an agent for the purpose of section 76 shall be executed on Form GI-10 or in such other written form as the Registrar may deem sufficient and proper
S.21
Classification of goods .-(1) For the purposes of the registration of a geographical indication or as an authorised user, goods shall be classified in the manner specified in the Fourth Schedule
S.22
Request to Registrar for search .-(1) Any person may request the Registrar on Form GI-5 to cause a search to be made in respect of specified goods classified in any one class in the Fourth Schedule in order to ascertain whether any geographical indication is on record which resembles a trade mark or geographical indication of which two representations accompany the form. The Registrar shall cause a search to be made and inform the applicant of the result of such search
S.25
Rule 25
S.26
Rule 26
S.30
Rule 30
S.33
Rule 33
S.36
Rule 36
S.39
Rule 39
S.46
Rule 46
S.47
Rule 47
S.48
Rule 48
S.49
Rule 49
S.54
Rule 54
S.57
Rule 57
S.58
Rule 58
S.63
Rule 63
S.64
Rule 64
S.65
Rule 65
S.66
Rule 66
S.67
Rule 67
S.70
Rule 70
S.71
Rule 71
S.73
Rule 73
S.77
Rule 77
S.78
Rule 78
S.79
Rule 79
S.84
Rule 84
S.85
Rule 85
S.87
Rule 87
S.89
Rule 89
S.90
Rule 90
S.94
Rule 94
S.96
Rule 96
S.101
Rule 101
S.102
Rule 102
Ch. IIP
rocedure For Registration Of Geographical Indications
S.23
Form and signing of application .-(1) Every application for the registration of a geographical indication shall be made in the prescribed form and shall be signed by the applicant or his agent and must be made in triplicate alongwith three copies of a Statement of Case
S.24
Application under convention arrangement .-(1) Where an application for registration of a geographical indications is filed by an applicant from a convention country under section 84, a certificate by the Registry or competent authority of the Geographical Indications Office of the convention country shall be included in the application for registration under sub-rule (3) or (4) of rule 23, as the case may be, and it shall include the particulars of the geographical indication, the country and the date or dates of filing of the first application in the convention country and such other particulars as may be required by the Registrar
S.27
Additional representations .-(1) Every application for the registration of a geographical indication shall, except as hereinafter provided, be made in triplicate and shall be accompanied by five additional representations of the geographical indication. The representations of the geographical indication on the application and each of its copies and the additional representations shall correspond exactly with one another. The additional representations shall in all cases be noted with the specification and class of goods for which registration is sought, the name and address of the applicant, together with the name and address of his agent, if any, the period of use, and such other particulars as required under sub-rule (1) to rule 32 by the Registrar and shall be signed by the applicant or his agent
S.28
Representations to be durable and satisfactory .-(1) All representations in respect of a geographical indication shall be of a durable nature, and each additional representations required to be filed with an application for registration shall be mounted on a sheet of strong paper of the size of approximately 33 centimetres by 20 centimetres leaving a margin of not less than 4 centimetres on the left hand part of the sheet
S.29
Transliteration and translation .-(1) Where a geographical indication contains a word or words in characters other than Devanagari or Roman, there shall be endorsed on the application form and the additional representation thereof, a sufficient transliteration and translation to the satisfaction of the Registrar of each of such words, and every such endorsement shall state the language to which the word belongs and shall be signed by the applicant or his agent failing which the Registrar shall be under no obligation to take any action on the application
S.31
Deficiencies .-Subject to sub-rule (2) of rule 10, where an application for registration of a geographical indication does not satisfy requirements under section 11 or rule 23, the Registrar shall send notice thereof to the Applicants to remedy the deficiencies and if within one month from the date of receipt of the notice, the applicants fails to remedy any deficiency so notified by him the application may be treated as abandoned
S.32
(1) Content of application
S.34
Objection to acceptance-hearing .-(1) If, on consideration of the application on merits and of any evidence of use or of a given quality, reputation or other characteristic of such goods that are essentially attributable to its geographical origin or of any other matter relevant which the applicant may be required to furnish, the Registrar has any objection to the acceptance of the application or proposes to accept it subject to such conditions, amendments, modifications or limitations as he may think right to impose, the Registrar shall communicate such objection or proposal in writing to the applicant
S.35
Decision of Registrar .-(1) The decision of the Registrar under rule 34 or rule 37 after a hearing or without a hearing if the applicant has duly communicated his observations in writing and has stated that he does not desire to be heard, shall be communicated to the applicant in writing and if the applicant intends to appeal from such decision he may within one month from the date of receipt of such communication request the Registrar to state in writing the grounds of, and the materials used by him in arriving at, his decision
S.37
Withdrawal of acceptance by the Registrar .-(1) If, after the acceptance of an application but before the registration of the geographical indication, the Registrar has any objection to the acceptance of the application on the ground that it was accepted in error, or that the geographical indication ought not to have been accepted in the circumstances of the case, or proposes that the geographical indication should be registered only subject to conditions or limitations, or to conditions additional to or different from the conditions or limitations subject to which the application has been accepted, the Registrar shall communicate such objection in writing to the applicant
S.38
Manner of advertisement .-(1) An application for the registration of a geographical indication required or permitted to be advertised by sub-section (1) of section 13 or to be re-advertised by sub-clause (2) of that section shall be ordinarily advertised in the Journal within three months of the acceptance of an application for advertisement
S.40
Request to Registrar for particulars of advertisement of a geographical indication .-Any person may request the Registrar on Form GI-7 to be informed of the number, date and page of the Journal in which a geographical indication specified in the form was advertised and the Registrar shall furnish such particulars to the person making the request
S.41
Notice of opposition .-(1) Notice of opposition to the registration of a geographical indication under sub-section (1) of section 14 or an authorised user under section 17(3)(e) shall be given in triplicate on Form GI-2 within three months or within such further period not exceeding one month in the aggregate from the date when such Journal was made available to the public (which date shall be certified as such by the Registrar) as the case may be, of the application for registration in the Journal. The notice shall include a statement of the grounds upon which the opponents objects to the registration of the geographical indication or of the authorised user, as the case may be
S.42
Verification of notice of opposition .-(1) The notice of opposition shall be verified by the opponent
S.43
Counter-statement .-(1) The counter-statement required by sub-section (2) of section 14 shall be sent in triplicate on Form GI-2 within two months from the receipt by the applicant of the copy of the notice of opposition from the Registrar and shall set out what facts, if any, alleged in the notice of opposition, are admitted by the applicant. A copy of the counter-statement shall be served by the Registrar on the person giving notice of opposition ordinarily within two months from the date of receipt of the same
S.44
Evidence in support of opposition by the opponents .-(1) Within two months from services on him of a copy of the counter-statement or within such further period not exceeding one month in the aggregate thereafter as the Registrar may on request allow, the opponent shall either leave with the Registrar such evidence by way of affidavit as he may desire to adduce in support of his opposition or shall intimate to the Registrar and to the applicant in writing that he does not desire to adduce evidence in support of his opposition but intends to rely on the facts stated in the notice of opposition. He shall deliver to the applicant copies of any evidence that he leaves with the Registrar under this sub-rule and intimate the Registrar forthwith in writing of such delivery
S.45
Evidence in support of application by the applicant .-(1) Within two months or within such further period not exceeding one month thereafter in the aggregate as the Registrar may on request allow, on the receipt by the applicant of the copies of affidavits in support of opposition or of the intimation that the opponent does not desire to adduce any evidence in support of his opposition, the applicant shall leave with the Registrar such evidence by way of affidavit as he desires to adduce in support of his application and shall deliver to the opponent copies thereof or shall intimate to the Registrar and the opponent that he does not desire to adduce any evidence but intends to rely on the facts stated in the counter-statement and or on the evidence already left by him in connection with the application in question. In case the applicant relies on any evidence already left by him in connection with the application, he shall deliver to the opponent copies thereof
S.50
Hearing and decision .-(1) Upon completion of the evidence if any, the Registrar shall give notice to the parties of a date when he will hear the arguments in the case. Such notice shall be ordinarily given within three months of completion of the evidence. The date of hearing shall be for a date at least one month after the date of the first notice, unless the parties consent to a shorter notice. Within fourteen days from the receipt of the first notice, any party who intends to appear shall so notify the Registrar. Any party who does not so notify the Registrar within the time last aforesaid shall be treated as not desiring to be heard and the Registrar shall proceed ex parte in the matter
S.51
Security for costs .-The security for costs which the Registrar may require under sub-section (6) of section 14 may be fixed at any amount which he may consider proper, and such amount may be further enhanced by him at any stage in the opposition or other proceedings
S.52
Procedure for giving notice .-The notice which the Registrar is required by sub-section (3) of section 16 to give to an applicant, shall be sent on Form O-1 to the applicant at the address of his principal place of business in India or if he has no principal place of business in India at the address for service in India as stated in the application but if the applicant has authorised an agent for the purpose of the application, the notice shall be sent to the agent and a duplicate thereof to the applicant. The notice shall specify twenty one days time from the date thereof or such further time as the Registrar may allow on a request made in the prescribed Form GI-9 for completion of the registration
S.53
Entry in the register .-(1) Where no Notice of Opposition is filed to an application for the registration of a geographical indication advertised or re-advertised in the Journal within the period specified in sub-section (1) of section 14 or where an opposition is filed and it is dismissed and the appeal period is over, the Registrar shall, subject to the provisions of sub-section (1) of section 16 enter the geographical indication in Part A of the register on receipt of a request
S.55
Certificate of registration .-(1) The certificate of registration of a geographical indication or an authorised user to be issued by the Registrar under sub-section (2) of section 16 shall be on Form O-2, with such modification as the circumstances of a case may require, and the Registrar shall annex a copy of the geographical indication or authorised user to the certificate
Ch. IIIA
uthorised User
S.56
Authorised user .-(1) An application to the Registrar for the registration under section 17 by a producer as an authorised user of the registered geographical indication shall be made jointly by the registered proprietor and the proposed authorised user in Form GI-3 and shall be accompanied by a Statement of Case of how he claims to be the producer of the registered geographical indication alongwith an affidavit
S.59
Registration of an authorised user entry in the register .-(1) Where no notice of opposition is filed to an application advertised or re-advertised in the Journal within the period specified under sub-clause (e) of sub-section (3) of section 17 or where an opposition is filed and it is dismissed and the appeal period is over, the Registrar shall enter the authorised user in Part B of the register on receipt of a request for issuance of the registration certificate in Form GI-3 together with the prescribed fee
Ch. IVR
enewal Of Registration And Restoration
S.60
Renewal of registration .-(1) An application for the renewal of the registration of a geographical Indication or an authorised user of a registered geographical indication shall be made on Form GI-4 or Form GI-3, as the case may be, and may be made at any time not more than six months before the expiration of the last registration of the geographical indication or the authorised user
S.61
Notice before removal of geographical indication or authorised user from register .-(1) At a date not less than one month and not more than three months before the expiration of the last registration of a geographical indication or authorised user, as the case may be, if no application on Form GI-4 or Form GI-3, as the case may be, for renewal of the registration of a geographical indication or of an authorised user together with the prescribed fee has been received, the Registrar shall notify the registered proprietor or the authorised user, as the case may be, or in the case of an association of persons or producers of a registered geographical indication each of the association of persons, producers registered as registered proprietors or the person authorised to act on their behalf, if any, in writing on Form O-3 or O-5, as the case may be, of the approaching expiration at the address of their respective principal places of business in India as entered in the register or where such registered proprietor or authorised user has no principal place of business in India at his address for service in India entered in the register
S.62
Advertisement of removal of geographical indication or the authorised user from the register .-If at the expiration of last registration of a geographical indication or an authorised user, the renewal fees has not been paid, the Registrar may remove the geographical indication or the authorised user, as the case may be, from the register and advertise the fact forthwith in the Journal:
Ch. VR
ectification And Correction Of Register Alteration Or Rectification Of Register
S.68
Rectification of the register by the Registrar of his own motion .-(1) The notice, which the Registrar is required be give under sub-section (4) of section 27 shall be sent in writing to the registered proprietor and to any other person who appears from the register to have any interest in the registered geographical indication, and shall state the grounds on which the Registrar proposes to rectify the register and shall also specify the time, not being less, than one month from the date of such notice, within which an application for a hearing shall be made
S.69
Alteration of address in register .-(1) A registered proprietor or an authorised user of a geographical indication the address of whose principal place of business in India or whose address in his home country, as the case may be, is changed so that the entry in the register is rendered incorrect shall forthwith request the Registrar on Form GI-5 to make the appropriate alteration of the address in the register, and the Registrar shall alter the register accordingly if he is satisfied in the matter
S.72
Advertisement before decision and opposition, etc .-(1) The Registrar shall consider the application and shall, advertise the application in the Journal before deciding it
Ch. VIS
pecial Provisions Relating To Trade Marks
S.74
Refusal or invalidation of registration of trade marks .-(1) Where the Registrar of Trade Marks on his own motion decides to refuse the registration of a trade mark or invalidate a registered trade mark pursuant to sub-section (a) of section 25 of the Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999), he shall in writing notify the applicants or the registered proprietor of the trade mark, as the case may be, stating the reason for the same. Thereafter, the Registrar shall decide the matter after giving the applicant or the registered proprietor of the trade mark, as the case may be, an opportunity of being heard
S.75
Refusal or invalidation of registered trade mark conflicting with a geographical indication notified under section 22(2).-(1) Where the Registrar of Trade Marks on his own motion decides to refuse an application or invalidate the registration of a trade mark pursuant to sub-section (b) of section 25 of the Geographical Indications of Goods (Registration and Protection) Act, 1999, he shall notify in writing to the applicant or the registered proprietor of the trade mark, as the case may be, stating the reasons for the same. Thereafter, the Registrar shall decide the matter after giving the applicant or the registered proprietor of the trade mark, as the case may be, an opportunity of being heard
S.76
Publication of refusal or invalidation of geographical indications .-(1) The Registrar of Trade Marks shall record and publish a reference to the refusal or the invalidation of the registration of a trade mark pursuant to section 25 of the Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999) and forwarded a copy of the publication to the Registrar of Geographical Indications
Ch. VIIP
rocedure Relating To Additional Protection To Certain Goods Under Section 22(2) Of Geographical Indications Of Goods (Registration And Protection) Act, 1999
S.80
Hearing before refusing an application .-(1) If on consideration of the application or any other matter which the applicant may or may be required to furnish, the Registrar has any objections to the acceptance of the application or proposes to accept it subject to such conditions, as he may think right to impose, the Registrar shall communicate such objections or proposals in writing to the applicant
S.81
Entry in the register .-(1) Where the Registrar decides to allow the geographical indication in respect of which additional protection is to be provided as envisaged under sub-section (2) of section 22, he shall enter in the register a summary of the grounds and the material used by him in arriving at his decision to accord additional protection to the notified goods in respect of the relevant geographical indication application
Ch. VIIIMis
cellaneous
S.82
(A) Single application .-(1) Where an application for the registration of a geographical indication for goods is made under sub-section (3) of section 11, the specification of goods contained in it shall set out the classes in consecutive numerical order beginning with the lowest number and list under each class the goods appropriate to that class
S.83
Extension of time .-(1) An application for extension of time under section 64 (not being a time expressly provided in the Act or a time for the extension of which provision is made in the rules) shall be made on Form GI-9
S.86
Amendments and correction of irregularity in procedure .-(1) Any document, communication or other representation respecting a geographical indication or an authorised user may be amended and any irregularity in procedure which in the opinion of the Registrar, may be obviated without detriment to the interests of any person, may be corrected, if the Registrar thinks fit and proper on such terms as he may direct
S.88
Hearings .-(1) Subject to sub-rule (2) of rule 4 in relation to a geographical indication for which an application for registration is made on or after the notified date, the application as well as any proceeding under the Act and the rule shall, in the event of a hearing becoming necessary, be heard at the appropriate office of the Geographical Indications Registry at which such application was made under sub-section (4) of section 11, or at such place within the territorial jurisdiction of that office as the Registrar may deem proper
S.91
Scale of costs .-Subject to the provisions of rules 89 and 90, in all proceedings before the Registrar, the Registrar may, save as otherwise expressly provided by the Act, award such costs, not exceeding the amount admissible therefor, as he considers reasonable having regard to all the circumstances of the case
S.92
Application for review of Registrar's decision .-An application to the Registrar for the review of his decision under clause (c) of section 60 shall be made on Form GI-7 within one month from the date of such decision or within such further period not exceeding one month thereafter as the Registrar may on request allow, and shall be accompanied by a statement setting forth the grounds on which the review is sought. Where the decision in question concerns any other person in addition to the applicant, such application and statement shall be left in triplicate and the Registrar shall forthwith transmit a copy each of the application and statement to the other person concerned. The Registrar may, after giving the parties an opportunity of being heard, reject or grant the application, either unconditionally or subject to any conditions or limitations, as he thinks fit
S.93
Form, etc., of affidavits .-(1) The affidavits required by the Act and the rules to be filed at the Geographical Indications Registry or furnished to the Registrar, unless otherwise provided in the Second Schedule, shall be headed in the matter or matters to which they relate, shall be drawn up in the first person, and shall be divided into paragraphs consecutively numbered, and each paragraph shall, as far as practicable, be confined to one subject. Every affidavit shall state the description and the true place of abode of the person making the same, shall bear the name and address of the person filing it and shall state on whose behalf it is filed
S.95
Distribution of copies of journal and other documents .-The Central Government may direct the Registrar to distribute the journal and any other document which it may consider necessary, to such places as may be fixed by the Central Government in consultation with the State Governments and notified from time to time in the Official Gazette
S.97
Certificate for use in obtaining registration abroad .-(1) Where a certificate relating to the registration of a geographical indication is desired for use in obtaining registration in any territory outside India, the Registrar shall include in the certificate a copy of the geographical indication and may require the applicant for the certificate to furnish him with a copy of the geographical indication suitable for that purpose, and if the applicant fails to do so, the Registrar may refuse to issue the certificate
S.98
Time for appeal .-(1) An appeal to the Intellectual Property Appellate Board from any decision of the Registrar under the Act or the rules shall be made within three months from the date of receipt of such decision or within such further time as the said Appellate Board may allow
S.99
Certificate of validity to be noted .-Where the Intellectual Property Appellate Board has certified as provided in section 72 with regard to the validity of a registered geographical indication, the proprietor thereof may request the Registrar on Form GI-7 to add to the entry in the register a note that the certificate of validity has been granted in the course of the proceedings, particulars of which shall be given in the request. An officially certified copy of the certificate shall be sent with the request, and the Registrar shall record a note to that effect in the register and publish the note in the Journal
S.100
Return of exhibits .-(1) Where the exhibits produced in any matter or proceeding under the Act or the rules are no longer required in the Geographical Indications Registry, the Registrar may notify the party concerned to take back the exhibits within a time specified by him and if the party fails to do so, such exhibits shall be dealt with in the manner mentioned under sub-rule (2) below
Ch. II
– Registration Of Geographical Indications Agent
S.2
Signature of the registered proprietor or of his agent
S.3
Signature of the applicant or of his agent
S.4
State the purpose for which extension of time is required
S.5
Signature of applicant or of his agent
S.9
Whether at any time removed from the Register of Geographical Indications Agent and if so the reason for such removal
S.103
Registration of existing registered trade marks agent .-(1) Subject to rule 104 every person whose name is on the notified date on the Register of Trade Marks Agents maintained under the Trade Marks Rules, 2002 shall be deemed to be registered as a Geographical Indications Agent under the Act and the rules
S.104
Qualifications for registration .-Subject to the provisions of rule 105, a person shall be qualified to be registered as a Geographical Indications Agent if he
S.105
Persons debarred from registration .-A person shall not be eligible for registration as a Geographical Indications Agent if he
S.107
Application for registration as a Geographical Indications Agent .-(1) Every person desiring to be registered as a Geographical Indications Agent shall make an application on Form GI-8
S.108
Procedure on application and qualifying requirements .-(1) On receipt of an application for the registration of a person as a Geographical Indications Agent, the Registrar, if satisfied that the applicant fulfils the prescribed qualifications, shall appoint a date in the due course on which the candidate will appear before him for a written examination in Geographical Indications Law and the Practice and Procedure in relation thereto and followed by an interview. The candidate will be expected to possess a detailed knowledge of the provisions of the Act and the rules and a knowledge of the elements on law of geographical indication
S.111
Removal of agent's name from the Register of Geographical Indications Agents.-(1) The Registrar shall remove from the Register of Geographical Indications Agents the name of any registered Geographical Indications Agent
S.112
Power of Registrar to refuse to deal with certain agents .-(1) The Registrar may refuse to recognise
S.114
Alteration in the Register of Geographical Indications Agents .-(1) A registered Geographical Indications Agent may apply for alteration of his name, address of the place of residence, address of the principal place of business or qualifications entered in the Register of Geographical Indications Agent. On receipt of such application the Registrar shall cause the necessary alteration to be made in the Register of Geographical Indications Agents
S.116
Appeal .-An appeal shall lie to Intellectual Property Appellate Board from any order or decision of the Registrar in regard to the registration of Geographical Indications Agents under Part II of these rules, and the decision of the Appellate Board shall be final and binding